O. Reg. 238/01: REFRIGERANTS

 

ontario regulation 238/01

made under the

Environmental protection act

Made:  June 20, 2001
Filed:  June 22, 2001
Printed in The Ontario Gazette: July 7, 2001

Amending O. Reg. 189/94

(Refrigerants)

1. Section 1 of Ontario Regulation 189/94 is amended by adding the following definitions:

“air-conditioning unit”, in respect of a motor vehicle, means a mechanical vapour compression device driven by an engine that provides cooling principally for the operator or passengers of the vehicle and that contains or is intended to contain a refrigerant;

“refrigerant” means any liquid or gas used in refrigeration equipment and containing any substance listed in section 2;

2. Section 4 the Regulation is amended by adding the following subsection:

(2) Any discharge of 100 kilograms or more of refrigerant into the environment must be reported to the Ministry of the Environment.

3. Section 5 of the Regulation is revoked and the following substituted:

5. (1) No person shall use, in a motor vehicle that requires a permit under the Highway Traffic Act, an air-conditioning unit that uses chlorofluorocarbon or hydrochlorofluorocarbon as a refrigerant unless the air-conditioning unit is in use in the motor vehicle on or before December 31, 1995 or installed in the motor vehicle on or before December 31, 1994. 

(2) After January 1, 2002,  no person shall refill an air-conditioning unit of a motor vehicle, whether or not it requires a permit under the Highway Traffic Act, with any refrigerant containing chlorofluorocarbons.

4. Subsection 6 (4) of the Regulation is revoked and the following substituted:

(4) Subsection (3) does not apply to the testing of an air-conditioning unit of a motor vehicle carried out in accordance with the practices set out in the Environmental Code of Practice for Elimination of Fluorocarbon Emissions from Refrigeration and Air Conditioning Systems, published by the National Office of Pollution Prevention, Environmental Protection Service, Environment Canada, and dated March, 1996, as amended from time to time after that date.

5. The Regulation is amended by adding the following sections:

6.1 Every person certified under section 21 to service or test equipment shall create and retain for a minimum period of two years from the date of creation, records containing the following information:

1. All amounts and types of refrigerant purchased or obtained for the purpose of servicing or testing equipment.

2. The amount of and explanation for any discharge of a refrigerant, whether or not it occurs in the course of servicing or testing equipment.

3. The date of any work done servicing or testing equipment, the name of the company doing the work and the name of the individual doing the work.

4. A description of the work done, the amount and type of refrigerant used in the work, the type of refrigerant recaptured in the course of the work and an estimate of the amount of refrigerant recaptured in the course of the work.

6.2 Every person certified under section 21 who conducts a test on refrigeration equipment to determine whether there is a leak in it shall conduct the test in accordance with the practices set out in the Environmental Code of Practice for Elimination of Fluorocarbon Emissions from Refrigeration and Air Conditioning Systems, published by the National Office of Pollution Prevention, Environmental Protection Service, Environment Canada, and dated March, 1996, as amended from time to time after that date.

6. Subsections 11 (2) and (3) of the Regulation are revoked.

7. Clause 12 (a) of the Regulation is revoked and the following substituted:

(a) a wholesaler in a refrigerant, including any person who acquires the refrigerant for the purpose of resale;

8. Subsection 21 (4) of the Regulation is revoked and the following substituted:

(4) Despite subsection (3), an original certificate issued on or before June 30, 2001 expires,

(a) on December 31, 2002, for persons whose surname begins with a letter from A to G, inclusive;

(b) on December 31, 2003, for persons whose surname begins with a letter from H to P, inclusive; and

(c) on December 31, 2004, for persons whose surname begins with a letter from Q to Z, inclusive.